The domain name mandela100.co.za is transferred
mandela100.co.za is transferred
In the circumstances, SAIIPL Senior Adjudicator’s finding is that In the absence of an explanation by the Registrant as to why he holds a bona fide interest in the Disputed Domain Name which incorporates, in its entirety, the MANDELA trade mark, in which the Complainant holds rights, there can be no doubt that, as the Complainant submits, the Registrant registered the Disputed Domain Name either to:
- intentionally block the registration of a name in relation to which the Complainant holds rights to; or
- take unfair advantage of the Complainant’s rights; or
- unfairly, disrupt the business of the Complainant; or
- confuse members of the public into believing that the Disputed Domain Name is registered to, operated or authorised by, or otherwise connected with the Complainant;
For all the foregoing reasons, in accordance with Regulation 9, the Adjudicator ordered that the domain name, mandela100.co.za be transferred to the Complainant.
.ZA Domain Name Disputes
.ZADNA has an Alternative Dispute Resolution (ADR) process to allow aggrieved parties to lodge disputes of .za domain names, and have their disputes resolved in a faster and more cost-effective way than via courts of law.
A domain name dispute is a dispute regarding a registered domain name. Such a dispute is between a complainant and a person who registered a domain name (i.e. registrant).
According to the ADR regulations (see below), the basis of a domain name dispute can either be an abusive or an offensive registration.